Case Results

A Navy First Class was facing Captain’s Mast and Involuntary Administrative Separation with a for a positive drug test. This case presented some challenges as our client had a previous Non-Judicial Punishment for an unrelated matter only shortly beforehand. Like many members of the U.S. Navy, our client was attached to a ship and therefore had no right to decline the Non-Judicial Punishment. Therefore, winning the Non-Judicial Punishment was crucial to saving his career. We guided our client through the DRB and XOI process, performing background investigative work and unique administrative testing to prepare for the Mast. Well prepared, our client pled not guilty and was fully acquitted at the Non-Judicial Punishment proceeding, despite the lack of rules of evidence and the low burden of proof.

An E-7 Navy SEAL with 13 years of service was facing Involuntary Administrative Separation with the possibility of receiving an Other Than Honorable (OTH) characterization of service. A multiple deployment combat veteran, our client would otherwise have been entitled to a medical separation if he was not alleged to have committed misconduct. During his Administrative Separation Board, the government argued extensively that our client should be discharged for misconduct with an OTH, which would result in no eligibility for a medical separation. The board recommended by a vote of 3-0 that our client should be RETAINED.

An Air Force E-6 was charged with multiple allegations of child sexual assault. He retained McCormack & McCormack after court-martial charges were brought against him following an extensive USAF OSI investigation. The case was prosecuted by the newly created Office of Special Trial counsel, where specially qualified prosecutors are assigned to certain covered offenses with the idea that these special prosecutors can utilize their specialized training and experience to achieve more successful prosecutions.

Air Force officer was convicted of possession of child pornography. After presentation of evidence on sentencing to an officer jury, we were able to secure a sentence of only thirty (30) days of confinement and some forfeitures – our client was NOT DISCHARGED. Although our client had approximately 19 years of service, the Air Force initiated administrative Show Cause Board of Inquiry proceedings in an effort to secure an administrative separation of our client, which would deny his receipt of retirement benefits. Upon appearance before the separation board, we were able to secure a RETENTION recommendation, which will result in our client being able to retire from the Air Force.

A junior Naval enlisted man was charged with homicide in civilian court related to the death of a young Navy man which occurred during a party at our client’s house where LSD had been ingested by some of the participants. Prosecutors alleged that our client, and several others, caused the man’s death by holding him down for extended periods of time with a pillow over his face in an effort to keep him quite. After an extended preliminary hearing, we secured a WITHDRAWAL of the charge.

A Navy Lieutenant Commander who was an Executive Officer of a Naval ship had been summarily taken to Admiral’s Mast while deployed at sea for offenses involving alleged assault upon one of the junior sailors in his command. The client’s career was at that point ruined, with promotion impossible. Upon our retention, we were able to get the Admiral’s Mast VACATED and SET ASIDE in its entirely. The officer was reassigned as Executive Officer at a new command and will now have a successful career.

Navy Third Class was charged with premeditated murder in the beating death of his wife in Bermuda. After the Article 32 Investigation, we were able to negotiate a plea on a voluntary manslaughter charge and took the case to an enlisted jury for sentencing. The jury returned a SENTENCE OF 268 DAYS OF CONFINEMENT, EXACTLY THE AMOUNT OF TIME THAT CLIENT HAD SERVED IN PRETRIAL CONFINEMENT